Paul Ferderber, November 2, 1993

THEODORE R. KULONGOSKI
Paul Ferderber
President/Chief Steward
AFSCME Local 3361-4
4660 Portland Rd. N.E.
Salem, OR 97305
DEPARTMENT OF JUSTICE
1162 Court Street NE
Justice Building
Salem, Oregon 97310
Telephone: (503) 378-4400
TDD: (503) 378-5938
November 2, 1993
THOMAS A. BALMER
DEPUlY ATTORNEY GENEJ\,\1
Re: Petition for public Records Disclosure Order:
Department of Corrections Records
Dear Mr. Ferderber:
This letter is the Attorney General's order on your petition for disclosure of records
under the Oregon Public Records Law, ORS 192.410 to 192.505. Your petition, which we
received on October 26, 1993, asks the Attorney General to direct the Department of
Corrections and its employees to make available Larry Hilderbrant's memorandum of
October 1, 1993, accusing Susan Butler of Sexual harassment. For the reason that follows,
we respectfully deny your petition.
Your letter to the Attorney General, dated October 25, 1993, states you have
previously been advised that the document has been destroyed. Upon our inquiry, Robert H.
Schiedler, Superintendent, Santiam Correctional Institution, informed us that this document
has in fact been destroyed. The Attorney General does not have authority to order an agency
to produce a record that does not exist. Nor does the Attorney General have authority under
the Public Records Law to conduct an inquiry into an agency's handling of its records.
Accordingly, we respectfully deny your petition.
Sincerely,
~A./f~
ELIZABETHS.HARCHENKO
Special Counsel to the Attorney General
ESH:AV:SDK:jpl/JAAOOEBF.W51
cc: Frank Hall
Robert H. Schiedler

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THEODORE R. KULONGOSKI
Paul Ferderber
President/Chief Steward
AFSCME Local 3361-4
4660 Portland Rd. N.E.
Salem, OR 97305
DEPARTMENT OF JUSTICE
1162 Court Street NE
Justice Building
Salem, Oregon 97310
Telephone: (503) 378-4400
TDD: (503) 378-5938
November 2, 1993
THOMAS A. BALMER
DEPUlY ATTORNEY GENEJ\,\1
Re: Petition for public Records Disclosure Order:
Department of Corrections Records
Dear Mr. Ferderber:
This letter is the Attorney General's order on your petition for disclosure of records
under the Oregon Public Records Law, ORS 192.410 to 192.505. Your petition, which we
received on October 26, 1993, asks the Attorney General to direct the Department of
Corrections and its employees to make available Larry Hilderbrant's memorandum of
October 1, 1993, accusing Susan Butler of Sexual harassment. For the reason that follows,
we respectfully deny your petition.
Your letter to the Attorney General, dated October 25, 1993, states you have
previously been advised that the document has been destroyed. Upon our inquiry, Robert H.
Schiedler, Superintendent, Santiam Correctional Institution, informed us that this document
has in fact been destroyed. The Attorney General does not have authority to order an agency
to produce a record that does not exist. Nor does the Attorney General have authority under
the Public Records Law to conduct an inquiry into an agency's handling of its records.
Accordingly, we respectfully deny your petition.
Sincerely,
~A./f~
ELIZABETHS.HARCHENKO
Special Counsel to the Attorney General
ESH:AV:SDK:jpl/JAAOOEBF.W51
cc: Frank Hall
Robert H. Schiedler